ML20055C715
| ML20055C715 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/18/1990 |
| From: | Cordes J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| TASK-AII, TASK-SE CLI-88-12, CLI-89-06, CLI-89-6, SECY-90-216, NUDOCS 9006200411 | |
| Download: ML20055C715 (3) | |
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RELEASED TOTHE PDR A
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initip ADJUDICATORY ISSUE
' June 18, 1990 g
g SECY-90-216 FOR:
The Commissioners l
FROM:
John F. Cordes, Jr.
Solicitor
SUBJECT:
LITIGATION REPORT 1990-24 l
Macktal v. NRC, No. 89-1034 (D.C. Circuit)
-1 Petitioner Joseph Macktal sought intervention in I
the Comanche Peak proceeding.
The NRC denied his motion and Mr. Macktal sought judicial review.
On j
June 11, 1990, the D.C.
Circuit dismissed his case which challenged aspects of two Commission orders, CLI-88-12 and CLI-89-06.
First, the Court held
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that Mr. Macktal's case was filed before the i
Commission issued CLI-89-06.
Therefore, his challenge to that order was premature.
- Second,
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the Court held that the decision by the Secretary of Labor invalidating various provisions of Mr.
Macktal's disputed settlement agreement with Brown
& Root mooted his claims regarding the Commission's decision in CLI-88-12.
Mr. Macktal's lawsuit was previously reported in Litigation j
Report No. 1989-3, SECY-89-035.
A' copy of the 1
Court's order is attached.
Contact:
Charles Mullins
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Jo F. Cordes, Jr.
So icitor
Attachment:
NOTE:
TO BE MADE PUBLICLY AVAILABLE As stated IN 10 WORKIVG DAYS FROM THE DATE OF THIG PAPER DISTRIBUTION.
Commissioners ASLBP I
OGC -
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Knitch $tates Court of M, eals toir o m n o,co m m emcw N o "-1'8' September Term,19 es Joseph J. Macktal, II O EE00l3 Petitioner EcrtheDistridof Columit Oircuit.
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v.
FILED JUN 111990 U.S. Nuclear Regulatory Commission and 1
1 the United States, CONSTANCE L. RwPRI
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N Respondents
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l Texas Utilities Electric Co.,
Intervenor L
BEFORE:
Mikva, Edwards and Buckley, Circuit Judges J
0RDER
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Upon consideration of the response to the order to show cause and the replies thereto, it is L
i ORDERED that the order to show cause be discharged.
It is FURTHER ORDERED, on the court's own motion, that the petition for review be dismissed.
Macktal's petition for review was filed prior to the issuance of Texas Utillties Electric Co,
29 N.R.C. 348 (1989D, the order denying his motion for intervention.
Dism;.ssal for lack of subject matter jurisdiction is appropriate under such circumstances.
Aga 28 U.S.C. 5 2344; 773 F.2d 375, 377 D.C. Cir.
t Western Union Telearach_Co. v. FCC, 1987); Sierra club v. NRC, 825 F.2d 1356, 1362-63 (9th(Cir.
1985 J
Furthermore, the petition's challenge to the Nuclear Regu.'1.,atory Commission's interpretation of Paragraph 3 of the i
settlement agreement between Macktal and Brown & Root has been rendered moot by the Secretary of Labor's decision in "JLBt I
los_emh Mac_k_tal_v. 3rown.s Root. Inc., No. 86-ERA-23, s1,ip op. at 12-13 (U.S. Dep't of Labor Nov. 11, 1989) (decision " void [ing]
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[ Paragraph 3) as against public policy").
As the " judicial power l
of.this court extends only to " cases" and ' controversies,' we u
lack the authority to hear this petition.
Aga U.S. Const. art III, s 2; Natural Resoure_a_s Defense Counell v. NRC, 680 F.2d 810, 813, 817-18 (D.C. Cir. 1982)..
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The clerk is directed.to withhold issuance of the mandate g-herein until seven days after disposition of any timely petition j,
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for rehearing.
333 D.C. Cir. Rule 15.
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